House File 2556 S-5116 Amend House File 2556, as passed by the House, as follows: 1 1. By striking everything after the enacting clause and 2 inserting: 3 < DIVISION I 4 PUBLIC REAL PROPERTY AND LEASE CONTRACTS 5 Section 1. NEW SECTION . 7E.5B Real property lease or 6 purchase —— notice. 7 In addition to any other provision of law, any purchase or 8 lease of real property, other than on a temporary basis, when 9 necessary in order to implement the programs of an authority or 10 protect the investments of an authority, shall require prior 11 written notice from the authority to the legislative services 12 agency. The legislative services agency shall submit the 13 notification to the government oversight standing committees 14 of the general assembly. The notification shall include the 15 information as described in section 8A.321, subsection 16. 16 Sec. 2. Section 8A.321, Code 2020, is amended by adding the 17 following new subsection: 18 NEW SUBSECTION . 16. At least thirty days prior to entering 19 into a contract for a lease or renewal of a lease pursuant 20 to subsection 6 or a contract for the acquisition of real 21 property pursuant to subsection 9 in which any part or the 22 total amount of the contract is at least fifty thousand 23 dollars, notify the legislative services agency concerning the 24 contract. The legislative services agency shall submit the 25 notification to the general assembly’s standing committees on 26 government oversight. The notification is required regardless 27 of the source of payment for the lease, renewal of lease, or 28 acquisition of real property. The notification shall include 29 all of the following information: 30 a. A description of the buildings and office space subject 31 to the lease or renewal of lease or a description of the real 32 property to be acquired. 33 b. The proposed terms of the contract. 34 c. The cost of the contract, including principal and 35 -1- HF2556.4099 (2) 88 ec/rn 1/ 5 #1.
interest costs. If the actual cost of a contract is not known 1 at least thirty days prior to entering into the contract, the 2 director shall estimate the principal and interest costs for 3 the contract. 4 d. An identification of the means and source of payment of 5 the contract. 6 e. An analysis of consequences of delaying or abandoning the 7 commencement of the contract. 8 DIVISION II 9 SALE OF PUBLIC REAL PROPERTY 10 Sec. 3. Section 8A.321, subsection 8, Code 2020, is amended 11 to read as follows: 12 8. With the authorization of a constitutional majority 13 of each house of the general assembly and approval by the 14 governor, dispose of real property belonging to the state and 15 its state agencies upon terms, conditions, and consideration 16 as the director may recommend. Disposition of real property 17 under this subsection shall be made under a procedure whereby 18 the real property shall be sold to the highest responsive, 19 responsible bidder, unless the executive council, by at least 20 a two-thirds vote, agrees to accept a different bidder for 21 good cause, or agrees to proceed in a different manner. If 22 real property subject to sale under this subsection has been 23 purchased or acquired from appropriated funds, the proceeds 24 of the sale shall be deposited with the treasurer of state 25 and credited to the general fund of the state or other fund 26 from which appropriated. There is appropriated from that same 27 fund, with the prior approval of the executive council and in 28 cooperation with the director, a sum equal to the proceeds 29 so deposited and credited to the state agency to which the 30 disposed real property belonged or by which it was used, for 31 purposes of the state agency. 32 Sec. 4. Section 297.22, subsection 1, paragraph a, Code 33 2020, is amended to read as follows: 34 a. The board of directors of a school district may sell, 35 -2- HF2556.4099 (2) 88 ec/rn 2/ 5
lease, or dispose of, in whole or in part, a schoolhouse, 1 school site, or other property belonging to the district. The 2 board shall sell real property to the highest responsive, 3 responsible bidder unless the board, by at least a two-thirds 4 vote, agrees to accept a different bidder for good cause, 5 or agrees to proceed in a different manner. If the real 6 property contains less than two acres, is located outside of a 7 city, is not adjacent to a city, and was previously used as a 8 schoolhouse site, the procedure contained in sections 297.15 9 through 297.20 shall be followed in lieu of this section . 10 Sec. 5. Section 331.361, subsection 2, Code 2020, is amended 11 by adding the following new paragraph: 12 NEW PARAGRAPH . 0a. The board shall dispose of real property 13 under a procedure whereby real property shall be sold to the 14 highest responsive, responsible bidder unless the board, by at 15 least a two-thirds vote, agrees to accept a different bidder 16 for good cause, or agrees to proceed in a different manner. 17 Sec. 6. Section 359.52, subsection 1, Code 2020, is amended 18 by adding the following new paragraph: 19 NEW PARAGRAPH . 0a. The board of trustees shall dispose of 20 real property under a procedure whereby real property shall 21 be sold to the highest responsive, responsible bidder unless 22 the board, by at least a two-thirds vote, agrees to accept a 23 different bidder for good cause, or agrees to proceed in a 24 different manner. 25 Sec. 7. Section 364.7, Code 2020, is amended by adding the 26 following new subsection: 27 NEW SUBSECTION . 01. The council shall dispose of real 28 property under a procedure whereby real property shall be 29 sold to the highest responsive, responsible bidder unless the 30 council, by at least a two-thirds vote, agrees to accept a 31 different bidder for good cause, or agrees to proceed in a 32 different manner. 33 DIVISION III 34 OFFICIAL PUBLICATIONS 35 -3- HF2556.4099 (2) 88 ec/rn 3/ 5
Sec. 8. Section 349.2, Code 2020, is amended to read as 1 follows: 2 349.2 Source of selection. 3 Such selection Selection of newspapers in which official 4 proceedings shall be published shall be from newspapers 5 published, and having the largest number of bona fide yearly 6 subscribers, within the county. When counties are divided into 7 two divisions for district court purposes, each division shall 8 be regarded as a county. In the event there is no newspaper 9 published within the county, selection shall be as provided in 10 section 349.6. 11 Sec. 9. Section 349.6, Code 2020, is amended by adding the 12 following new subsection: 13 NEW SUBSECTION . 3. However, if there is no newspaper 14 published within the county, the newspaper to be selected shall 15 be determined as provided in this subsection. If one newspaper 16 is to be selected, the board shall select a newspaper located 17 within twenty-five miles of the border of the county that meets 18 the requirements of section 618.5. If two newspapers are to be 19 selected and the two newspapers with the largest number of bona 20 fide yearly subscribers within the county are both located more 21 than twenty-five miles from the border of the county, then the 22 board may substitute one of the two newspapers with a newspaper 23 that is located within twenty-five miles from the border of the 24 county that meets the requirements of section 618.5. The board 25 shall, in the presence of the contestants, determine the other 26 official newspaper by lot between the previously determined two 27 newspapers. 28 Sec. 10. Section 618.14, Code 2020, is amended to read as 29 follows: 30 618.14 Publication of matters of public importance. 31 1. The governing body of any municipality or other political 32 subdivision of the state may publish, as straight matter or 33 display, any matter of general public importance, in one or 34 more newspapers, as defined in section 618.3 published in and 35 -4- HF2556.4099 (2) 88 ec/rn 4/ 5
having general circulation in such municipality or political 1 subdivision, at the legal or appropriate commercial rate, 2 according to the character of the matter published. 3 2. In the event there is no such newspaper published in 4 such municipality or political subdivision or in the event 5 publication in more than one such newspaper is desired, 6 publication may be made in any such newspaper having general 7 circulation in such municipality or political subdivision. 8 However, if no newspaper having general circulation within 9 a municipality or political subdivision is located within 10 twenty-five miles from the border of the municipality or 11 political subdivision, the applicable governing body may waive 12 the requirements in section 618.3 and designate a newspaper 13 that is located in the applicable municipality or political 14 subdivision or is located within twenty-five miles from the 15 border of the applicable municipality or political subdivision 16 that meets the requirements of section 618.5. > 17 2. Title page, by striking lines 1 through 3 and inserting 18 < An Act concerning governmental real property and official 19 publications. > 20 ______________________________ COMMITTEE ON STATE GOVERNMENT ROBY SMITH, CHAIRPERSON -5- HF2556.4099 (2) 88 ec/rn 5/ 5 #2.